May 2022 PFAS Legislative Developments

May Legislation Tracking (May 1, 2022 – May 31, 2022)

Current Trends in Legislation – May 2022

PFAS Monitoring and PFAS Task Force

  • Federal Level
  • Key point addressed: Clean water standards, PFAS testing and cosmetics products

Firefighting Foam

  • States Involved: NJ, NY
  • Key point addressed: Provide grants for PFAS testing related to firefighting foam

Packaging Materials

  • States Involved: NC
  • Key point addressed: Provide extended responsibility on manufactures using PFAS in packaging materials

New Bills This Period

PFAS Legislation

Federal

  • Four Federal bills introduced in May mentioning PFAS
      • H.R. 7696
      • H.R. 7897
      • S.4161
      • S.4348

    State

    • Four State bills introduced in May mentioning PFAS
      • NY – 2
      • NC – 2
      • NJ – 1
      • MA – 1

Signed into Law

State & Federal

No PFAs related Federal or State bills were signed into law in May 2022.

Highlighted Bills – PFAS Legislation

Federal
Federal Legislature Bill: H.R. 7696
  • Bill Name: Clean Water Standards for PFAS 2.0 Act of 2022 
  • Sponsors: Rep. Chris Pappas (NH) (D)
  • Introduced: 5/10/2022
  • Status: (5/11/2022) Referred to subcommittee on Water Resources and Environment
  • Summary: Will establish effluent limitations guidelines and standards and water quality criteria for perfluoroalkyl and polyfluoroalkyl substances under the Federal Water Pollution Control Act, and for other purposes.
Federal Legislature Bill: H.R. 7897
  • Bill name: To require manufacturers of PFAS to submit analytical reference standards to the Environmental Protection Agency, and for other purposes
  • Sponsors: Rep. John Sarbanes (MD) (D)
  • Introduced: 5/27/2022
  • Status:  (5/27/2022) Referred to the House Committee on Energy and Commerce
  • Summary: The bill language has not yet been provided. A summary will be provided once it has been published.
Federal Legislature Bill: H.R. 4348
  • Bill name: FDASLA Act of 2022
  • Sponsors: Sen. Patty Murray (WA)  
  • Introduced: 5/26/2022
  • Status: (5/27/2022) The Senate HELP Committee has officially introduced its FDA user fee reauthorization package and released updated bill text
  • Summary: To amend the Federal Food, Drug, and Cosmetic Act to revise and extend the user-fee programs for prescription drugs, medical devices, generic drugs, and biosimilar biological products, and for other purposes. PFAS in Cosmetics – The Secretary of Health and Human Services shall assess the use of perfluoroalkyl and polyfluoroalkyl substances in cosmetic products and the scientific evidence regarding the safety of such use in cosmetic products, including any risks associated with such use. In conducting such assessment, the Secretary may, as appropriate, consult with the National Center for Toxicological Research
State
State Bill: H1095 (NC)
  • Bill Name: PFAS Pollution and Polluter Liability 
  • Sponsors: Davis
  • Introduced: 5/26/2022
  • Status: (5/27/22) Ref to the Com on Judiciary 1, if favorable, Rules, Calendar, and Operations of the House
  • Summary: An act to protect the citizens of North Carolina from drinking water contaminated by Genx and other PFAS compounds
State Bill: H1113 (NC)
  • Bill Name: Break Free from Plastics & Forever Chemicals 
  • Sponsors: Rep. Deb Butler
  • Introduced: 5/26/2022
  • Status: (5/27/22) Ref to the Com on Appropriations, if favorable, Finance, if favorable, Rules, Calendar, and Operations of the House
  • Summary:An act to establish extended producer responsibility for certain producers of packaging materials and to ban the manufacture and distribution of packaging materials containing certain toxic substances in order to protect public health.
State Bill: S2712 (NJ)
  • Bill Name: Prohibits sale, manufacture, distribution, and use of firefighting foam containing intentionally added perfluoroalkyl and polyfluoroalkyl substances 
  • Sponsors: Sen. Troy Singleton
  • Introduced: 5/26/2022
  • Status: (5/26/22) Introduced in the Senate, Referred to Senate Environment and Energy Committee
  • Summary: Beginning two years after the effective date of this act, no person shall use, or shall sell, offer for sale, manufacture, or distribute for sale or use in the State any class B firefighting foam containing intentionally added PFAS.
State Bill: A10314 (NY)
  • Bill Name: Allows certain parties of releases and covenants involving PFAS to seek contribution from other responsible parties 
  • Sponsors: Assemb. Keith Brown
  • Introduced: 5/13/2022
  • Status: (5/13/22) Referred to Judiciary
  • Summary: An act to amend the general obligations law, in relation to allowing certain parties of releases and covenants involving PFAS to seek contribution from other responsible parties

Updates on Previously Highlighted Bills

Federal
Federal Bill: HR 7289
  • Bill: Federal PFAS Research Evaluation Act
  • Sponsors: Lizzie Fletcher (TX) (D)
  • Introduced: 3/30/2022
  • Status: (5/17/2022) Ordered to be Reported (Amended) by Voice Vote.
  • Summary: This bill requires various studies and reports on the exposure, hazards, and management of perfluoroalkyl and polyfluoroalkyl substances, commonly referred to as PFAS. These substances are man-made and may have adverse human health effects. A variety of products contain the compounds, such as nonstick cookware or weatherproof clothing.
State
State Bill: H8133 (RI)
  • Bill: An Act Relating To Health And Safety – Office Of State Fire Marshal
  • Sponsors: June Speakman
  • Introduced: 4/13/2022
  • Status: (5/18/22) Committee recommended measure be held for further study.
  • Summary: A bill that creates task force to study the issue of PFAS in firefighter gear, to monitor development of alternatives to this gear, develop timeline for replacing gear statewide and to develop strategy for funding the replacement gear from state or federal funds. The task force shall advise the general assembly and the governor of the task force’s findings and strategy no later than January 1, 2024
State Bill: A8363 (NY)
  • Bill: Prohibits the sale or offer for sale of any cosmetic product or personal care product containing PFAS substances
  • Sponsors: Steve Englebright
  • Introduced: 10/20/2021
  • Status: (5/17/22) Amended on Third Reading 8363A
  • Summary: An act to amend the environmental conservation law. Prohibition of cosmetic products and personal care products containing 1,4-dioxane or PFAS substances. No person shall sell or offer for sale any cosmetic product or personal care product containing PFAS substances. For the purposes of this subdivision, “PFAS substances” shall mean a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.
State Bill: SB1546 (NH)
  • Bill: Limiting Air Emissions of Perfluorochemicals
  • Sponsors: Bill Boyd
  • Introduced: 12/14/2021 (Prefiled)
  • Status: (5/13/22) House Concurs with Senate Amendment
  • Summary: New Paragraph to Amend RSA 125-I:4 by inserting after paragraph V the following new paragraph: VI. Perfluorinated chemical emissions via air shall be limited to 45 pounds annually. For the purposes of this section, per fluorinated chemical emissions shall include shorter chain PFAS substances, long chain PFAS substances, GenX, and precursor compounds. This would take effect on January 1, 2023.

John Gardella

Shareholder

PFAS, Environmental, Litigation

John Gardella and his team were recognized by National Law Review as the only Thought Leader in the nation in 2020 on the subject of PFAS. Attorney Gardella regularly consults with corporate, insurance, and financial world clients to assess risks in a multitude of transaction types. While he has specialized his practice for the past five years on the subject of PFAS, he has fifteen years of litigation and environmental practice that shapes the expertise that he offers to his clients to predict future risks. His opinions are sought out by media, such as Bloomberg, AM Best, and numerous industry-specific publications.

Amaran Toppa

Director of Client Relations & Development

Amaran Toppa joined CMBG3 Law in 2017 after almost three years in the investment management industry. In addition to her time in the financial sector, Mrs. Toppa has over 15 years of experience working with law firms who have litigated and consulted on ESG, Environmental, Insurance, Toxic Tort, Criminal and Civil matters. As a member of the CMBG3’s Government Affairs team, Mrs. Toppa analyzes and provides guidance on important policy and regulatory issues to the firm’s practice groups. She also assists with strategizing policy responses and develops relationships with key federal and state legislators and agency members to lobby on issues important to the firm’s clients.

Tori Paiva

Legislative Analyst

Tori Paiva is a Legislative Analyst at CMBG3 Law specializing in ESG, PFAS, Environmental and Tort issues. Ms. Paiva has extensive knowledge and expertise pertaining to federal regulators bodies including OSHA, EPA, DEP, and the FDA. With her expertise on both federal and local regulations, she has helped with the national defense strategies for her clients and continues to inform our attorneys on pertinent issues developing in the regulatory realm. As a member of the Government Affairs team, she is responsible for monitoring and reporting on legislative priorities, and regularly attends congressional hearings. As a registered lobbyist, Ms. Paiva also meets with Federal and State stakeholders to advance priorities important to firm clients.

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